Bailiffs may soon be given right to break in? Yet I've been given right by law to protect my family/property..

Question

So if a bailiff gets in and I happen to kill him as I believe him to be a burglar, where does the law stand?
I don't owe anything for a bailiff to break in, but I WOULD kill anyone who tries to get in.

Answer 1

"Bailiffs may soon be given right to break in? Yet I've been given right by law to protect my family/property.. So if a bailiff gets in and I happen to kill him as I believe him to be a burglar, where does the law stand? I don't owe anything for a bailiff to break in, but I WOULD kill anyone who tries to get in."

There doesn't appear to be a quick answer to your question.

The right to self-defense does not extend to your property in every state within the U.S. (You should check with a licensed attorney in your state to determine the specifics within your jurisdiction.) Some states provide that you must "retreat" if confronted by an intruder when at all possible and others provide a near absolute right to self-defense of yourself and others (and even your property) within your "castle."

That said, when law enforcement officers, such as police or sheriffs, carry out the orders of a court-- such as effecting the seizure and sale of property-- they can't legitimately do so without first having attempted to provide you appropriate notice (by means reasonably calculated to notify you of the seizure) and having clearly identified themselves before attempting entry.

A sheriff's department executing a seizure order from a civil judgement will not have a "no-knock" order. They will CLEARLY identify themselves-- after they have already served notice on you and at the property where seizure is imminent.

Your use of deadly force in such a circumstance would almost definitely NOT be considered justified or legitimate. In fact, it would likely get you killed on the spot (or shortly thereafter).

Answer 2

Firstly, I don't blame the credit companies for individuals getting into debt - just because it is easy to get credit doesn't mean that you have to get it! I have debts and I know that it is my responsibility to keep these debts manageable. However - I am concerned by the possibility that bailiffs could be able to force entry into peoples homes. The bailiff industry does not currently have adequate regulations to ensure that if this law is passed that the new powers will not be abused.

Answer 3

Well if you aren't in trouble then don't worry about it, they won't be coming to your house. Just make sure you realize deadly force before you shoot someone and go to jail for it. The law says you may use deadly force if your life or the life of another is in danger, meaning you would be murdered if you did not take action. The law does NOT allow deadly force to be used to protect your property, meaning if someone enters your home and steals your tv, no weapon, no verbal threat, you CANNOT kill them, because the law has recognized that life is more precious than property. If that person has a knife and is coming at you threatening you, you can use the level of force necessary to protect your person.